Kuve Limited Partnership v. Gerald La Pointe et al

Filing 8

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Michael W. Fitzgerald that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, 12720 Norwalk Boulevard, Norwalk, California, 90650, for lack of subject matter jurisdiction pursuant to 28 USC section 1447(c); (2) the Clerk send a certified copy of this Order to the state court; and (3) the Clerk serve copies of this Order on the parties. (Made JS-6. Case Terminated.) (jp)

1
Simply stated, this action could not have been originally
2
filed in federal court because the complaint does not competently
3
allege

facts

supporting

either

diversity

or

federal-question

4
jurisdiction,

and

therefore

removal

is

improper.

28

U.S.C.

5
§ 1441(a), see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545
6
U.S. 546, 563 (2005).

Defendants’ notice of removal asserts that

7
“[f]ederal

question

[jurisdiction]

exists

because

Defendant’s

8
[sic] Answer . . . depend[s] on the determination of Defendant’s
9
[sic] rights and Plaintiff’s duties under federal law.”

(Notice

10
at 2, ll. 26-28).

These allegations are inadequate to confer

11
federal question jurisdiction.

See Merrell Dow Pharmaceuticals,

12
Inc. v. Thompson, 478 U.S. 804, 808 (1986) (“A defense that
13
raises

a

federal

question

is

inadequate

to

confer

federal

14
jurisdiction.”).
15
Accordingly, IT IS ORDERED that (1) this matter be REMANDED
16
to the Superior Court of California, County of Los Angeles, 12720
17
Norwalk

Boulevard,

subject

matter

Norwalk,

California,

90650,

for

lack

of

18
jurisdiction

pursuant

to

28

U.S.C.

§ 1447(c);

19
(2) the Clerk send a certified copy of this Order to the state
20
court;

and

(3)

the

Clerk

serve

copies

of

this

Order

21
parties.
22
IT IS SO ORDERED.
23
24
DATED:

April 19, 2016

25
26

MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

27
28
2

on

the